Marchman Acts Attorneys in Melbourne, FL

Compassionate Representation in Emotionally Challenging Cases

Dealing with
family law matters can be overwhelming to try and face alone. To make matters even
more challenging, you may be trying to navigate a family member with a
substance abuse problem. Florida’s Marchman Act, found in Chapter
397, Florida Statutes, provides emergency services and temporary detention
for treatment to individuals who need substance abuse services. Services
can be administered on a voluntary or involuntary basis. If there is a
good-faith reason to believe that a person needs substance abuse treatment
but has impaired judgment, the person may be involuntarily admitted to
a substance abuse treatment facility.

If you have been involuntarily admitted or if you need help with a loved
one you believe is battling substance abuse, the
Figueroa Law Group, P.A. can help. We are deeply familiar with the Marchman Act and can help you
understand your rights and options under this legislation.

Qualifying for Involuntary Admittance

A qualifying person may be admitted to a hospital or a licensed detoxification
facility for involuntary assessment and stabilization for up to five days.
They may also be admitted to a less restrictive component of a licensed
service provider for assessment.

The court may order a law enforcement officer or other agent of the court
to take the person into
custody and deliver him or her to the nearest service provider. If the person
is an adult, a petition may be filed with no court fee by their spouse,
a legal guardian, a relative, a private practitioner, the director of
a licensed service provider, or designee or an adult who has direct personal
knowledge of the person’s abuse impairment. If the person is a minor,
a petition may be filed by a parent, legal guardian, legal custodian,
or licensed service provider.

Violent Behavior and the Marchman Act

If you believe a person is substance abuse impaired and is likely to inflict
physical harm on himself or others unless admitted, you should call the
attorneys at the Figueroa Law Group, P.A. to assist you with this complex process.

If you have been involuntarily admitted and believe that you can make rational
decisions for your care, you should also consult with our Marchman Act
attorneys in Melbourne, FL, as you have the right to legal representation.
You have the right to an attorney at every stage of a proceeding related
to involuntary substance abuse treatment.

What Happens after Filing?

Upon filing a Petition for Involuntary Assessment and Stabilization, a
court may order – without a hearing – the person’s involuntary
assessment and stabilization. Alternatively, the court may provide a date
and time to conduct a hearing within 10 days.

A Petition for Court-Ordered Involuntary Treatment may also be filed if
the person meets the criteria for involuntary admission and:

Has been placed under protective custody within the previous 10 days

Has been subject to an emergency admission within the previous 10 days

Has been assessed by a qualified professional within 5 days

Has been subject to involuntary assessment and stabilization within the
previous 12 days

Has been subject to alternative involuntary admission within the previous 12 days

In this phase of the proceedings, the court will conduct a hearing on the
petition within five days unless a continuance is granted.

When the court finds that the conditions for involuntary services have
been proved by clear and convincing evidence, it may order the respondent
to receive involuntary services from a publicly funded licensed service
provider for up to 90 days. The person can be sent to a privately funded
licensed service provider if he/she or a loved one can pay for the treatment.

A person may be ordered to undergo involuntary inpatient treatment for
a mental illness if certain criteria are met. He or she can be placed
in a treatment facility if they have been recommended by the administrator
who examined them. This recommendation must be supported by a psychiatrist
and a clinical psychologist. A court will conduct a hearing within five days.

Seek Guidance from the Figueroa Law Group, P.A.

The process of admitting a loved one or disputing your own admittance under
the Marchman Act can be incredibly complex and expensive. It is in your
best interest to retain a Marchman Act attorney in Melbourne, FL who understands
the processes and each party’s rights under the Act. Do not hesitate
to consult with us about your case as soon as possible.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.